National Green Tribunal
Dinesh Kumar vs Mining Officer Seoni on 13 September, 2022
Item No. 01
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 41/2022 (CZ)
Dinesh Kumar Applicant(s)
Versus
Mining Officer, Seoni & Ors. Respondent(s)
Date of Completion of Hearing and Reserving of Order : 06.09.2022
Date of Uploading of Order on the Website : 13.09.2022
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant (s): Mr. Sanjay Uppadhyay, Adv.
For Respondent(s) : Mr. Sachin K. Verma, Adv.
Mr. Ajay Dhawle, Adv.
Mr. Shubhendu Anand, Adv.
Ms. Mansi Bachani, Adv.
Ms. Harshita Tejwani, Adv.
ORDER
1. The main contention raised in this application is process of tendering notice dated 07.05.2022 in the District Seoni issued by District Magistrate/Collector Seoni with the prayer to quash the tender notice dated 07.05.2022 on the following grounds :-
I. The tendering process adopted by the non-applicants is in direct violation of the Sustainable Sand Mining Management Guidelines, 2016 & The Enforcement and Monitoring Guidelines for Sand Mining, 2020, the direction of this Tribunal as well as Hon'ble Supreme Court orders issued with regard to replenishment study of mines mentioned in the DSR and pre-requisite of DSR before initiation of any tendering or mining process in the district.
II. The Tender Notice has been issued earlier and awarded with respect to mines for which Replenishment Study was not conducted and the DSR 1 Report was faulty and in violation of the EIA Notification and subsequent sand mining guidelines of 2016 and 2020.
III. The Seoni District administration on 07.05.2022 floated another tender for auction of 11 sand mines of the district, for which replenishment study was conducted regarding available quantity of sand as well as thickness and excavatable sand thickness of the respective sand Ghats.
The proposal of auction has no details or regard for the District Survey Report of Seoni which is already expired and presently there is no valid DSR available on strength of which e-tender notice would have been invited. Therefore, it is impossible to ascertain excavatable amount of sand and pricing of the tender and the amount of sand and other details mentioned in the tender is speculative which might be harmful for the environment.
IV. That process adopted by the respondent is in violation of directions issued by Hon'ble Supreme Court in Deepak Kumar Vs. State of Haryana (2012) 4 SCC 629 and directions issued in Appeal No. 25-72 of 2021 (CZ) Prabhat Mohan Pandey Vs. MPSEIAA & Ors.
V. The tender floated on 07.05.2022 needs to be stayed immediately and to be renoticed only when all requirements are full-filled as per the SSMG, 2016; EMGSM, 2020. It should only be allowed after preparation of DSR and fulfilling of the requirements of proper study of annual replenishment pattern of sand sedimentation in the riverbed completed properly, so that proper quantity of excavatable sand can be ascertained to protect the river ecology and generational parity and equity under public trust doctrine.
VI. The tender notice is in clear conflict with the above stated sand mining guidelines and directions passed by this Tribunal and abdication of State's responsibility to undertake these scientific studies to make it transparent and genuinely with a perspective to protect environment and free from bias due to financial factors. If these studies would be allowed to be undertaken by the private players after successful bidding and 2 possession of the sand mines, that would have disastrous consequences on the river ecosystem. These studies ought to have been conducted prior to initiation of any auction process or issuing tender in this regard so that clear picture regarding excavation and environmental impact of sand mining can be ascertained. The DSR of the Seoni district prepared in 2016-2017 expired after 5 years in year 2021-2022 as per Para 7 (iii)
(a) of the EIA Notification, 2006 amendment dt. 15.01.2016.
2. That the Seoni District administration again on 07.05.2022 floated another tender for auction of 11 sand mines of the district, without preparing any new DSR after expiry of the old faulty DSR or any replenishment study regarding quantification of available sand thickness and excavatable sand thickness of the respective sand Ghats. The e-auction notice further notifies the estimated sand quantity which is also faulty and vague as per Rule 6 of the MP Sand (Mining, Transportation, Storage and Trading) Rules, 2019.
3. The proposal of auction has no details for the District Survey Report of Seoni district and Replenishment Studies made in this regard. So, the calculation regarding available sand mine is presumptive and without any authority. The auction notice issued this time even without having any DSR or annual replenishment studies. This conduct of State administration is not only a blatant violation of the environmental norms made to protect the ecology and sustainability of river side areas but also amounting perpetuating of the same offence repeatedly.
4. The matter was taken up by this Tribunal on 27.05.2022 and notices were issued to the respondents to file the reply. In response thereof, the respondents have filed the reply. We have heard learned counsels for the parties and perused the record.
Adverse impact of unscientific/unregulated Sand Mining
5. It is undisputed that there is huge degradation of environment on account of unregulated sand mining which is otherwise lucrative activity. It poses threat to bio-diversity, could destroy riverine vegetation, cause erosion, pollute water sources, badly affecting riparian ecology, damaging ecosystem of rivers, safety 3 of bridges, weakening of riverbeds, destruction of natural habitats of organisms living on the riverbeds, affects fish breeding and migration, spell disaster for the conservation of bird species and increase saline water in the rivers. It has direct impact on the physical habitat characteristics of the rivers such as bed elevation, substrate composition and stability, in-stream roughness elements, depth, velocity, turbidity, sediment transport, stream discharge and temperature. Increase in demand of sand has placed immense pressure in the supply of sand resource and mining activities were going on illegally as well as legally without requisite restrictions. Lack of proper planning and sand management disturbs marine ecosystem and upset the ability of natural marine processes to replenish the sand. The Hon'ble Supreme Court (in Deepak Kumar, supra) noted that core group was constituted by the MoEF&CC to examine the impact of minor minerals on riverbeds and ground waters. A draft report was prepared recommending mandatory preparation of mining plan on the pattern of mining plans for major minerals. Further recommendations are reclamation and rehabilitation of abandoned mines, proportion of hydro geo-logical balance for minerals below ground water table limiting depth of mining to 3 meter and identification on locations where mining should be permitted was required. There is need for identifying safety zones in the proximity of embankment. Thus, strict regulatory parameters were required for regulating mining of minor minerals. It was noted that in-stream mining lowers the stream bottom of rivers which may lead to bank erosion. Depletion of sand in the stream bed causes deepening of rivers which may result in destruction of aquatic and riparian habitats. It has impact on stream's physical habitat characteristics.
6. In State (NCT of Delhi) v. Sanjay, (2014) 9 SCC 772, at page 790, it was observed :
"32. The policy and object of the Mines and Minerals Act and Rules have a long history and are the result of an increasing awareness of the compelling need to restore the serious ecological imbalance and to stop the damages being caused to the nature. The Court cannot lose sight of the fact that adverse and destructive environmental impact of sand mining has been discussed in the UNEP Global Environmental Alert Service Report. As per the contents of the Report, lack of proper scientific 4 methodology for river sand mining has led to indiscriminate sand mining, while weak governance and corruption have led to widespread illegal mining. While referring to the proposition in India, it was stated that sand trading is a lucrative business, and there is evidence of illegal trading such as the case of the influential mafias in our country.
33. The mining of aggregates in rivers has led to severe damage to rivers, including pollution and changes in levels of pH. Removing sediment from rivers causes the river to cut its channel through the bed of the valley floor, or channel incision, both upstream and downstream of the extraction site. This leads to coarsening of bed material and lateral channel instability. It can change the riverbed itself. The removal of more than 12 million tonnes of sand a year from Vembanad Lake catchment in India has led to the lowering of the riverbed by 7 to 15 cm a year. Incision can also cause the alluvial aquifer to drain to a lower level, resulting in a loss of aquifer storage. It can also increase flood frequency and intensity by reducing flood regulation capacity. However, lowering the water table is most threatening to water supply exacerbating drought occurrence and severity as tributaries of major rivers dry up when sand mining reaches certain thresholds. Illegal sand mining also causes erosion. Damming and mining have reduced sediment delivery from rivers to many coastal areas, leading to accelerated beach erosion.
34. The Report also dealt with the astonishing impact of sand mining on the economy. It states that tourism may be affected through beach erosion. Fishing, both traditional and commercial, can be affected through destruction of benthic fauna. Agriculture could be affected through loss of agricultural land from river erosion and the lowering of the water table. The insurance sector is affected through exacerbation of the impact of extreme events such as floods, droughts and storm surges through decreased protection of beach fronts. The erosion of coastal areas and beaches affects houses and infrastructure. A decrease in bed load or channel shortening can cause downstream erosion including bank erosion and the undercutting or undermining of engineering structures such as bridges, side protection walls and structures for water supply.
35. Sand is often removed from beaches to build hotels, roads and other tourism-related infrastructure. In some locations, continued construction is likely to lead to an unsustainable situation and destruction of the main natural attraction for visitors--beaches themselves. Mining from, within or near a riverbed has a direct impact on the stream's physical characteristics, such as channel geometry, bed elevation, substratum composition and stability, in-stream roughness of the bed, flow velocity, discharge capacity, sediment transportation capacity, turbidity, temperature, etc. Alteration or modification of the above attributes may cause hazardous impact on ecological equilibrium of riverine regime. This may also cause adverse impact on in-stream biota and riparian habitats. This disturbance may also cause changes in channel configuration and flow paths .....Today, demand for sand and gravel continues to increase. Mining operators, instead of working in conjunction with cognizant resource agencies to ensure that sand mining is conducted in a 5 responsible manner, are engaged in full-time profiteering. Excessive in-stream sand and gravel mining from riverbeds and like resources causes the degradation of rivers. In-stream mining lowers the stream bottom, which leads to bank erosion. Depletion of sand in the stream-bed and along coastal areas causes the deepening of rivers and estuaries and enlargement of river mouths and coastal inlets. It also leads to saline water intrusion from the nearby sea. The effect of mining is compounded by the effect of sea level rise. Any volume of sand exported from stream-beds and coastal areas is a loss to the system. Excessive in-stream sand mining is a threat to bridges, river banks and nearby structures. Sand mining also affects the adjoining groundwater system and the uses that local people make of the river. Further, according to researches, in-stream sand mining results in the destruction of aquatic and riparian habitat through wholesale changes in the channel morphology. The ill effects include bed degradation, bed coarsening, lowered water tables near the stream- bed and channel instability. These physical impacts cause degradation of riparian and aquatic biota and may lead to the undermining of bridges and other structures. Continued extraction of sand from riverbeds may also cause the entire stream- bed to degrade to the depth of excavation."
Need for regulation under the Water, Air and EP Acts apart from Mining Law Salient features of the EMGSM-2020
7. We may note the salient features of the EMGSM-2020, which are supplemental to existing SSMG-2016 and seek to provide effective enforcement and monitoring from the stage of identification of source to its dispatch and end use which requires involvement of all stakeholders viz. Central Government, State Government, Leaseholders/Mine Owners, Distributors, Dealers, Transporters and Consumers (bulk & retail). EMGSM refer to the judgment of the Hon'ble Supreme Court in Deepak Kumar Vs. State of Haryana & Ors. (2012) 4 SCC 629 making EC mandatory irrespective of the area of mining lease, followed by monitoring in terms of the Environment Management Plan, using IT and IT enabled services. Monitoring has to be with reference to quantity of mined material, transportation with a view to promote environmental protection, limit negative physiological, hydrogeological and social impacts underpinning sustainable economic growth. Observations in the order of this Tribunal dated 04.09.2018 in O.A. 173/2018 in Sudarsan Das vs. State of West Bengal & Ors. has also been referred to as follows:
"There can be no two views that an effective institutional 6 monitoring mechanism is required not only at the stage when Environmental Clearance is granted but also at subsequent stages".
"The guidelines focus on the preparation of District Survey Report and the Management Plan" ...
We are of the view that all the safeguards which are suggested in sustainable sand mining guidelines as well as notification dated 15.01.2016 ought to be scrupulously followed." ... It is a known fact that in spite of the above-suggested guidelines being in existence, on the ground level, illegal mining is still going on. The existing mechanism has not been successful and effective in remedying the situation." ...
Since there is an utter failure in the current monitoring mechanism followed by the State Boards, SEIAAs and DEIAAs, it is required to be revised for effective monitoring of sand and gravel mining and a dedicated monitoring mechanism be set up."
Further reference has been made to the directions in the order dated 05.04.2019 requiring the 17 States, which were party before the Tribunal viz. West Bengal, Gujarat, Karnataka, Maharashtra, Punjab, Uttar Pradesh, Haryana, Madhya Pradesh, Andhra Pradesh, Bihar, Uttarakhand, Jammu and Kashmir, Goa, Kerala, Telangana and Tamil Nadu and Himachal Pradesh, to follow the revised Guidelines and to review their respective monitoring mechanism. It is then stated that with the object of regulating the mining, the sources of sand and steps required are mentioned which provide for District Survey Report (DSR), Mining Plan, replenishment study, consideration of environment impact while granting EC, laying down conditions for EC, monitoring of transportation to the end user to ensure that only legally mined material is transported. There is need to balance between deposition and extraction of sand as per replenishment study, maintaining surveillance, using Unmanned Artificial Vehicles (UAVs)/Drone for reserves estimation, quantity estimation, land use monitoring. Details about all these aspects have been mentioned in the said Guidelines. With regard to post EC monitoring, there is a provision for environment audit, monitoring of sale and purchase by developing online portal and laying down the levels of monitoring i.e. Level 1- Reach/ Stockyard level monitoring, Level 2 - Transportation monitoring, Level 3 - End consumer monitoring/ bulk consumer, Level 4 - Indirect 7 monitoring. Reference has then been made to the High-Powered Committee incorporating safeguards to be adopted by the project proponents. There is also provision for assessment of compensation for the ecological damage by the State/ PCB/ any other Authority. Inter District and Inter State boundaries are separately dealt with. The uniform monitoring mechanism stipulates:
" 9.4. Monitoring Mechanism xxx ...............................xxx.......................xxx....................
1. All precaution shall be taken to ensure that the water stream flows unhindered and process of Natural river meandering doesn't get affected due to mining activity.
2. River mining from outside shall not affect rivers, no mining shall be permitted in an area up to a width of 100 meters from the active edge of embankments or distance prescribed by the Irrigation department.
3. The mining from the area outside river bed shall be permitted subject to the condition that a safety margin of two meters (2 m) shall be maintained above the groundwater table while undertaking mining and no mining operation shall be permissible below this level unless specific permission is obtained from the Competent Authority. Further, the mining should not exceed nine-meter (9 m) at any point in time.
4. Survey shall be carried out for identifying the stretches having habitation of freshwater turtles or turtle nesting zones. Similarly, stretches shall be identified for other species of significant importance to the river ecosystem. Such stretch with adequate buffer distance shall be declared as no-mining zone and no mining shall be permitted. The regulatory authority as defined for granting Environmental Clearance, while considering the application of issuance of ToR and/or EC for the adjacent block (to non- mining zone) of mining shall take due precaution and impose requisite conditions to safeguard the interest of such species of importance.
5. District administration shall provide detailed information on its website about the sand mines in its district for public information, with an objective to extend all information in public domain so that the citizens are aware of the mining activities and can also report to the district administration on any deviation observed. Appropriate feedback and its redressal mechanism shall also be made operational. The details shall include, but not limited to, lease area, geo- coordinates of lease area and mineable area, transport routes, permitted capacity, regulatory conditions for operation including mining, 8 environmental and social commitments etc.
6. A website needs to be maintain to track the movement of centralised sand mining and a Centralised server system should be made to manage the data related to sand mining across India.
7. The mineral concession holders shall maintain electronic weighbridges at the appropriate location identified by the district mining officer, in order to ensure that all mined minerals from that particular mine are accounted for before the material is dispatched from the mine. The weighing bridge shall have the provision of CCTV camera and all dispatch from the mine shall be accounted for.
8. The mineral movement shall be monitored and controlled through the use of transit permit with security features like printing on IBA approved MICR papers, Unique bar/QR, fugitive ink background, invisible ink mark, void pantographs and watermarks papers or through use of RFID tagged transit permits and IT /IT-enabled services. Such monitoring system shall be created and made operationalised by State Mining department and district level mining officer shall be responsible for ensuring that all legal and operational mines are connected and providing the requisite information on the system. Regular check and associated report shall be submitted to DLTF and uploaded on the website.
9. State Government shall constitute a District Level Task Force (DLTF) under the Chairmanship of Deputy Commissioner/District Magistrate/Collector with Superintendents of Police and other related senior functionaries (District Forest Officer, District transport officer, Regional officer- SPCBs, Senior Officer of Irrigation Department, District Mining Officer) with one/two independent member nominated by the Commissioner concerned. The independent member shall be retired government officials/teacher or ex-serviceman or ex-judiciary member.
The DLTF shall keep regular watch over the mining activities and movement of minerals in the district. The DLTF shall have its regular meeting, preferably every month to reconcile the information from the mining activity, and other observations made during the month and take appropriate corrective and remedial action, which may include a recommendation for revoking mining lease or environmental clearance. The DLTF may constitute an independent committee of the expert to assess the environmental or ecological damage caused due to illegal mining and recommend recovery of environmental compensation from the miner's concern. The recommendation may also include action under the provision of E(P) Act, 1986.
10. The area not identified for mining due to restriction or 9 otherwise are also to be monitored on a regular basis by the DLTF. Any observations of mining activity from the restricted area shall be reported and corrective measures shall be initiated on an urgent basis by the DLTF.
11. The dispatch routes shall be defined in the Environmental Clearance and shall be avoided through densely habituated area and the increase in the number of vehicle movement on the road shall be in agreement with the IRC guidelines / carrying capacity of the road. The alternate and dedicated route shall be explored and preferred for movement of mining to avoid inconvenience to the local habitat. The mining production capacity, by volume/weight, shall be governed by total permissible dispatch calculated based on the carrying capacity of dispatch link roads and accordingly, the production should be regulated.
12. The movement of minerals shall be reconciled with the data collected from the mines and various Naka/check posts. Other measures may also include a general survey of the potential mineable area in the district which has not been leased/auctioned or permitted for mining due to regulatory or other reasons.
13. The location and number of check post requirement shall be reviewed by DLTF on a regular basis so that appropriate changes in location/number could be made as per the requirement. Such review shall be carried out on a regular basis for the district on inter-state boundary or district providing multiple passages between two districts of different states.
14. The district administration shall compile the information from their district of the permitted and legal mined out minerals and other details and share such information and intelligence with the officials of the adjoining district (Inter or/and Intra State) for reconciliation. The information shall include the area of operation, permissible quantity, mined out minerals (production) the permitted route etc., and other observations, especially where the mine lease boundary is congruent with the district boundary. Such coordination meeting shall be held on a quarterly basis, alternatively in two district headquarters or any other site in two districts decided mutually by the District Magistrate.
15. The mining department shall include submission of an annual environmental audit report as one of the conditions in the mining lease agreement. The annual audit for each river bed mining lease shall be carried out and the audit report shall be uploaded on the website of district administration. The audit shall be carried out by an independent team of 3 members nominated by District Collector/Magistrate/Commissioner comprising of Ex- Serviceman, Ex-Government 10 officials of repute, Professor or Person having experience of mining/environment. The guidelines and method of the audit shall reflect adequately the monitor-able parameters and output and reflect the compliance status with respect to the conditions imposed by the regulatory authorities including conditions of Environmental clearance.
16. The in-situ and ex-situ environmental mitigative measures stipulated as EMP, CER, CSR and other environmental and safety conditions in mines including the welfare of labours shall properly reflect in the audit report.
9.5 Suggestive additional requirements are i. The requirement at the Mine Lease Site:
a. Small Size Plot (Up to 5 hectares): Android Based Smart Phone.
b. Large Size Plots (More than 5 hectares): CCTV camera, Personal Computer (PC), Internet Connection, Power Back up.
c. Access control of mine lease site.
d. Arrangement for weight or approximation of the weight of mined out mineral on the basis of the volume of the trailer of vehicle used.
ii. Scanning of Transport Permit or Receipt and Uploading on Server:
a. Website: Scanning of receipt on mining site can be done through barcode scanner and computer using the software;
b. Android Application: Scanning on mining site can be done using Android Application using a smart phone. It will require internet availability on SIM card;
c. SMS: Transport Permit or Receipt shall be uploaded on the server even by sending SMS through mobile. Once Transport Permit or Receipt get uploaded, a unique invoice code gets generated with its validity period.
iii. Proposed working of the system:
The State Mining Department should print the Transport Permit or Receipt with security features and issue them to the mining leaseholder through the District Collector. Once these Transport Permits or Receipts are issued, they would be uploaded on the server against that mine lease area. Each receipt should be preferable with pre-fixed quantity, so the total quantity gets determined for the receipts issued. When the Transport Permit or Receipt barcode gets scanned and invoice is generated, that particular barcode gets used and its validity time is recorded on the server. So all the details of transporting of mined out material can be captured on the server and the Transport Permit or Receipt cannot be reused.11
iv. Checking On Route:
The staff deployed for the purpose of checking of vehicles carrying mined mineral should be in a position to check the validity of Transport Permit or Receipt by scanning them using the website, Android Application and SMS.
v. Breakdown of Vehicle:
In case the vehicle break-down, the validity of Transport Permit or Receipt shall be extended by sending SMS by the driver in specific format to report the breakdown of the vehicle. The server will register this information and register the breakdown. The State can also establish a call center, which can register breakdowns of such vehicles and extend the validity period. The subsequent restart of the vehicle also should be similarly reported to the server or call center.
vi. Tracking of Vehicles:
The route of the vehicle from source to destination can be tracked through the system using checkpoints, RFID Tags, and GPS tracking.
vii. Alerts or Report Generation and Action Review:
The system will enable the authorities to develop a periodic report on different parameters like daily lifting report, vehicle log or history, lifting against allocation, and total lifting. The system can be used to generate auto mails or SMS. This will enable the District Collector or District Magistrate to get all the relevant details and shall enable the authority to block the scanning facility of any site found to be indulged in irregularity. Whenever any authority intercepts any vehicle transporting illegal sand, it shall get registered on the server and shall be mandatory for the officer to fill in the report on action taken. Every intercepted vehicle shall be tracked.
The monitoring of mined out mineral, environmental clearance conditions and enforcement of Environment Management Plan will be ensured by the regulatory authority and the State Pollution Control Board or Committee. The monitoring arrangements envisaged above shall be put in place. The monitoring of enforcement of environmental clearance conditions shall be done by the Central Pollution Control Board, Ministry of Environment, Forest and Climate Change and the agency nominated by the Ministry for the purpose.
Some of the State has followed the SSMMG-2016 and has also improvised or customized on the provisions given therein, and are successfully in operation. Salient provision adopted at different stages of sand mining in the state of Tamil Nadu is given as Annexure VIII.
9.6 Actions against illegal excavation and 12 transport Solapur district administration in Maharashtra had adopted a multi-pronged strategy to penalize the persons involved in illegal excavation and transport which resulted in a significant increase in revenue earned by the state. Following rules and procedures as mentioned in these guidelines will add to the costs of PP. Those involved in illegal activities are not required to bear these costs and this will make their supply in the market cheaper (though illegal). This will put the players running their business by following rules and procedures laid down by the government to disadvantage as far as the selling price is considered.
Therefore, it is necessary to come down heavily on those involved in illegal excavation/transport, so that there is no incentive for players to abide by the rules. The following action may be taken to achieve this deterrence against illegal business:
1. The action should be taken under all legal options available simultaneously. Thus, after identifying the case of illegal excavation, storage and/or transport of minor minerals (including sand), fine should be levied as per the land revenue laws/code(s) of the state. In addition, FIR should be lodged in the police station under relevant sections of law including sec 379 IPC. In addition, action under the Motor Vehicle Act, 1989 and relevant rules should initiate to cancel/suspend the driving license of the driver and permit of the vehicle. Further, action should be initiated under provisions in the Income Tax Act, 1961 for unaccounted income and under the Central Goods and Services Act, 2017 for nonpayment of GST. (Earlier this was done under the state act pertaining to Value Added Tax/Sales Tax). Habitual offenders should also be taken up under local state laws for externment and/or preventive action. It is clarified that as per law, it is possible to take all actions under various laws simultaneously for one offence. What is prohibited in law is an action under the same law for the same act more than once.
2. The action should be taken against all persons responsible. Often, there is a tendency to penalize only the drivers of the vehicles. The mafia of illegal mining and transport is much bigger and drivers are only one part of the system. It is necessary to identify all those involved in the offence. It is usually not possible to reach the place of excavation without creating a motorable pathway up to the same through land which may be private land. Such role of such landowners needs to be looked into for each offence and proceeded against simultaneously.
Further, the role of vehicle owners needs to be probed. Role of the person who allowed his land to be used for illegal excavation and storage should also be examined. Lastly, the person who purchases such sand should also be probed. The legal proceedings stated above needs to be initiated 13 against all of these together. An attempt should be made to fix the financial responsibility in joint and several ways so that recovery is easier.
3. There may be discretion available in law about the extent of the penalty to be levied. If such discretion is very wide, then it is advisable that guidelines may be laid down to reduce such discretion in law for levying penalties. For example, in Maharashtra, Land Revenue Code, fine of any amount of penalty up to thrice the value of the sand can be levied.
Solapur district administration had instructed Tahsildars and SDMs not to use discretion and levy the fine of three times the value. Availability of discretion makes junior level functionaries susceptible to pressures and it may also lead to corrupt practices.
4. It is emphasized that actions, as stated above, are most important to ensure that the IT-based system works. If these exemplary actions are not taken against everyone, it shall create a strong disincentive to those involved in legal excavation and transportation. For IT-based (or any other) legal system to work, it is necessary to ensure that illegal system stops working altogether."
Today's Consideration
8. The extent of challenge posed by illegal sand mining was noted by the Tribunal in the order dated 05.04.2019 in OA 360/2015 as follows:-
"8. Despite this, the menace of illegal sand mining in India continues unabated. As per reports, the sand business in India employs over 35 million people and is valued at well over $126 billion per annum. In the year 2015-2016, there were over 19,000 cases of illegal minor minerals including sand in the country. In Uttarakhand, a 115 years old bridge collapsed due to overloaded sand trucks. In Maharashtra, 26,628 cases of illegal sand mining were recorded in the year 2017. The State of Maharashtra has the highest number of cases of non-compliance of Sustainable Sand Mining Management Guidelines, 2016. The State of Kerala suffered hugely in 2004 Tsunami and 2018 floods which several report explain were aggravated by illegal sand extraction. The issue of illegal sand mining is also rampant in the states of Goa, Bihar, Tamil Nadu, Uttarakhand, Telangana, Jammu and Kashmir amidst others."
9. The matter of illegal sand mining was also taken up by Principal Bench of this Tribunal in Original Application No. 360/2015 and vide order dated 26.02.2021 the Tribunal directed as follows :-
14
"Enforcement of Monitoring Mechanism and review by the Chief Secretary at State level and Secretary MoEF&CC at National level
27. We direct all the States/UTs to strictly follow the SSMG-2016 read with EMGSM-2020 reinforced by mechanism for preparation of DSRs (in terms of directions of this Tribunal dated 14.10.2020 in Pawan Kumar, supra and 04.11.2020 in Rupesh Pethe, supra), Environment Management Plans, replenishment studies, mine closure plans, grant of EC (in terms of direction dated 13.09.2018 in Satendra Pandey, supra), assessment and recovery of compensation (as per discussion in Para 25), seizure and release of vehicles involved in illegal mining (in terms of order dated 19.02.2020 in Mushtakeem, supra), other safeguards against violations, grievance redressal, accountability of the designated officers and periodical review at higher levels. As already noted, EMGSM-2020 contemplates extensive use of digital technology, including remote sensing.
28. We further direct that periodic inspection be conducted by a five-members Committee, headed and coordinated by the SEIAA and comprising CPCB (wherever it has regional office), State PCB and two expert members of SEAC dealing with the subject. Where CPCB regional office is not available, if MoEF&CC regional office is available, its Regional Officer will be included in the Committee.
Where neither CPCB nor MoEF&CC regional office exists, Chairman, SEIAA will tie up with the nearest institution of repute such as IIT to nominate an expert for being included in the Committee. Such inspection must be conducted at least thrice for each lease i.e. after expiry of 25% the lease period, then after 50% of the period and finally six months before expiry of the lease period for midway correction and assessment of damage, if any. The reports of such inspections be acted upon and placed on website of the SEIAA. Every lessee, undertaking mining, must have an environment professional to facilitate sustainable mining in terms of the mining plan and environmental norms. This be overseen by the SEIAA. Environment Departments may also develop an appropriate mobile App for receiving and redressing the grievances against the sand mining, including connivance of the authorities and also a mechanism to fix accountability of the concerned officers. Recommendations of the Oversight Committee for the State of UP quoted earlier may be duly taken into account.15
The mechanism must provide for review at the level of the Chief Secretary at least once in every quarter, in a meeting with all concerned Departments in the State. The Chief Secretary UP may ensure further action in the light of the report of the Oversight Committee.
Similarly, at National level, such review needs to be conducted atleast once in a year by the Secretary, Environment in coordination with the Secretaries Mining and Jalshakti Ministries the CPCB.
Publication of Annual Reports
29. We further direct all the States/UTs to publish their annual reports on the subject and such annual reports may be furnished to MoEF&CC by 30th April every year giving status till 31st March. First such report as on 31.03.2022 may be filed with the MoEF&CC by all he States/UTs on or before 30.04.2022. The report may also be simultaneously posted on the website of the Environment Department of the States/UTs. Based on such reports, MoEF&CC may consider supplementing its Guidelines from time to time. The MoEF&CC may prepare a consolidated report considering the reports from the States/UTs and publish its own report on the subject, preferably by 31st May every year.
Interaction at National Level
30. We direct the Secretary MoEF to convene a meeting in coordination with the CPCB and Mining and Jalshakti Ministries of Central Government and such other experts/individuals at National level and representatives of States within three months for inter- action on the subject which may be followed by such meetings being convened by the Chief Secretaries in all States in next three months. Holding of such meetings will provide clarity on enforcement strategies and help protection of environment."
10. Learned counsel for the applicant has argued that the DSR which was prepared in the year 2016 was not in accordance with the rules and even if it is taken into account, the period of validity of the DSR was expired.
11. In the year 2016-2017, Mineral Resource Department of Seoni District prepared a District Survey Report (DSR) including for sand mines citing 10 number of mining leases for sands operational in the area. However, this DSR 16 was incomplete, faulty and in derogation of the EIA Notification, 2006 vide amendment dt. 15.01.2016 and the Sand Mining Guidelines issued by Govt. of India in this regard due to incomplete studies as per APPENDIX - X of the notification which provides details and PROCEDURE FOR PREPARATION OF DISTRICT SURVEY REPORT about annual replenishment studies, rive flow and sedimentation pattern, which is the soul behind any scientific sand mining operation. It is submitted that on the strength of this faulty DSR sand mining operation remained continued in the area since then. Thereafter, on 30.08.2019, MP Sand (Mining, Transportation, Storage and Trading) Rules, 2019 made under Mines and Minerals (Development and Regulation) Act, 1957 came into force. Chapter 3 of the said rule provides method of estimation of the available sand in the declared sand quarries, however the same should be estimated in accordance with the studies made in this regard in the District Survey Report regarding area available and depth of the water. Further, in Rule 12, it provides that all statutory permissions before mining shall be obtained by the successful bidder.
Under the said rule till 30.06.2023 or earlier, the said sand mines of the Seoni district were auctioned without doing any credible Replenishment study and having any valid DSR for the district. Such unscientific excavation resulted in severe damage of the riverbeds of Seoni District. However, the said faulty DSR of the Seoni district prepared in 2016-2017 expired after 5 years in year 2021-2022 as per Para 7 (iii) (a) of the EIA Notification, 2006 amendment dt. 15.01.2016.
It is submitted that again the Seoni District administration on 07.05.2022 floated another tender for auction of 11 sand mines of the district, without preparing any new DSR after expiry of the old faulty DSR or any replenishment study regarding quantification of available sand thickness and excavatable sand thickness of the respective sand Ghats. The e-auction notice further notifies the estimated sand quantity which is also faulty and vague as per Rule 6 of the MP Sand (Mining, Transportation, Storage and Trading) Rules, 2019.
17 The E-auction notice further states that:
"It shall not be mandatory that contractor will operate the mines after obtaining statutory permissions for the quantity shown in Appendix-1 of each mine included in the group. ..."
The above said clause is also in clear violation of the Rule 12 of the MP Sand (Mining, Transportation, Storage and Trading) Rules, 2019. It clearly stipulates that all statutory permissions before mining shall be obtained by the successful bidder.
The proposal of auction has no details for the District Survey Report of Seoni district and Replenishment Studies made in this regard. So, the calculation regarding available sand mine is presumptive and without any authority.
It is submitted that replenishment study as required under the SSMG- 2016 and EMGSM-2020 has not been undertaken prior to the auction in terms of para 5.1 of the EMGSM, 2020 which is reproduced below:
"5.0 Replenishment Study The need for replenishment study for river bed sand is required in order to nullify the adverse impacts arising due to excessing sand extraction. Mining within or near riverbed has a direct impact on the stream's physical characteristics, such as channel geometry, bed elevation, substratum composition and stability, in-stream roughness of the bed, flow velocity, discharge capacity, sediment transport capacity, turbidity, temperature etc. Alteration or modification of the above attributes may cause an impact on the ecological equilibrium of the riverine regime, disturbance in channel configuration and flow-paths. This may also cause an adverse impact on instream biota and riparian habitats. It is assumed that the riparian habitat disturbance is minimum if the replenishment is equal to excavation for a given stretch. Therefore, to minimize the adverse impact arising out of sand mining in a given river stretch, it is imperative to have a study of replenishment of material during the defined period.18
5.1 Generic Structure of Replenishment Study Initially replenishment study requires four surveys. The first survey needs to be carried out in the month of April for recording the level of mining lease before the monsoon. The second survey is at the time of closing of mines for monsoon season. This survey will provide the quantity of the material excavated before the offset of monsoon. The third survey needs to be carried out after the monsoon to know the quantum of material deposited/replenished in the mining lease. The fourth survey at the end of March to know the quantity of material excavated during the financial year. For the subsequent years, there will be a requirement of only three surveys. The results of year-wise surveys help the state government to establish the replenishment rate of the river. Based on the replenishment rate future auction may be planned.
The replenishment period may vary on nature of the channel and season of deposition arising due to variation in the flow. Such period and season may vary on the geographical and precipitation characteristic of the region and requires to be defined by the local agencies preferable with the help of the Central Water Commission and Indian Meteorological Department. The excavation will, therefore, be limited to estimated replenishment estimated with consideration of other regulatory provisions."
12. In view of the above discrepancies, it has been contended by the learned counsel of the applicant that tender floated on 07.05.2022 needs to be stayed and only after requirement of SSMG-2016 and EMGSM-2020 are fulfilled and DSR is prepared in accordance with law, the process may be initiated by the competent authorities. The contention of the learned counsel for the applicant is that the tender notice is in clear conflict with the sand mining guidelines and directions passed by this Tribunal and it is responsibility of the State to undertake scientific studies to make it transparent, genuinely with a perspective to protect environment and free from vias due to financial factors if these studies should be allowed to be undertaken by the private players after successful bidding and possession of the sand mines. 19
13. The issues covering this application as stated by the applicant have resulted in an enormous degradation of the environment as the river stretch of Seoni District is spoiled because of unauthorized and illegal mining of sand which is against their environmental norms. Tendering the sand mines without annual replenishment study as clearly reflected in the old faulty DSR shall have a detrimental effect on the river ecology and environment and the same appears to be done by the State to evade its responsibility and to give undue gain in terms of sand excavation to the private bidders.
14. Respondent Nos. 1, 2 & 3 have filed the reply with the following facts :-
i. "The DSR prepared for the District Seoni for sand mineral was approved on or about 12/04/2016 and on the basis of the DSR the application for the Environmental Clearance was accepted and total Eight ECs are issued for District Seoni, wherein five ECs were issued on 19/06/2020 two ECs were issued on 03/09/2020 aid one EC was issued on 05/03/2021 in the favour of the project proponent, all these ECs are fresh ECs having the validity period of 5 years, will remain in force till 2025-26.
ii. As per the requirement and the procedure laid down for the preparation of DSR in EIA Notification dated 15/01/2016 to update the old DSR with the fresh DSR with due approval of the constituted Sub - Division ml Committee as directed by the Hon'ble Tribunal in Ram Babu Gour's Case (O.A NO. 10/2022) is uploaded on the District Portal https://seoni.nic.in/en on 29/06/2021 for inviting objection and suggestions on the fresh DSR and has given 21 days time till 19/07/2022.
iii. Since the earlier contractor Shri Jai Mahakal Associates could not comply with the obligations of the contract dated 22/06/2020 therefore vide order dated 04/ 05/2022 the contract has been terminated and recovery of Rs. 8,51,48,052/- with interest thereupon is directed to be recovered from the contractor. iv. There are total 11 sanctioned mining blocks/ quarry leases in District Seoni out of these 11 quarry leases 08 quarry leases are valid ECs, which were auctioned through the State Mining Corporation Ltd. and now after the termination of contract of the earlier contractor the fresh Notice Inviting Tender (In short 'NIT'] process is going for the remaining period of one year for remaining quantity of 4,00,000 cubic meter from the date of agreement till 30/06/2023. The NIT is already uploaded on the website on 11/05/2022 and the offers could be submitted from 17/O5/2022 till 18/07/2022. The technical bid will be opened or 22/07/2022 and the financial bid will be opened on 25/07/2022. v. The State Government of Madhya Pradesh has constituted following committee at District Level to finalize the sand quarry lease tenders 20 and to initiate suitable proceedings in respect of the sand quarry lease tenders: -
1. Collector - Chairman
2. Superintendent of Police- Member
3. Chief Executive Officer- Zila Panchayat- Member
4. Executive Engineer, Public work Department- Member
5. In-charge Officer ( District mining Branch) - Member Secretary vi. That the fresh DSR for updation of the old DSR is already prepared and uploaded on district portal for inviting objections but the Applicant has not raised any objections upon the uploaded fresh DSR therefore the Applicant is not having any legally enforceable right to challenge or question the ongoing tender process for the remaining period of one year and for the remaining production capacity of 4,00,000 cubic meter."
15. The contention of the respondents are that, the earlier contractor could not comply with the obligations of the contract therefore the contract have been terminated. It is further submitted that out of 11 query leases, only 8 query leases are having valid environmental clearance which were auctioned by the State Mining Corporation for the remaining period of one year for remaining quantity of 4,00,000 cubic meter from the date of agreement.
16. The learned counsel for the applicant has objected the averment made by the respondent on the basis that the state or the respondent cannot proceed for further mining on the basis of DSR which was prepared on 12.04.2016, which came to an end in the year 12.04.2021. Though there is no document for giving validity of one year extension even if it is accepted, the term of the DSR expires before 12.04.2022 and further sand mining without DSR and without assessment and replenishment study cannot be permitted, being in violation of sand mining rules and guidelines.
17. Mineral Laws (Amendment) Act 2020, as notified with effect from l0th of January 2020 has enacted a new section 8 (B) which is relating to the provisions for transfer of statutory clearances. After which the MoEF&CC issued a notification dated 27th March, 2020 and amended the Environmental Impact Assessment Notification 2006. The Notification states that it shall be lawful for the new lessee to continue mining operations on the land in which 21 mining operations were being carried out by the previous lessee for a period of 2 years from the date of commencement of the new lease. The notification dated 27th March, 2020 is as follows :-
"Now therefore in exercise of the powers conferred by Sub Section (1) and Clause (v) of Sub Section (2) and Section 3 of the Environment (Protection) Act 1986 (29 of 1986) read with Sub -
Rule (4) of Rule 5 of the Environment (Protection) Rules 1986, the Central Government after having dispensed with the requirement of notice under Clause
(a) of Sub Rule (3) of the Rule 5 of the said rules in public interest and in supersession of the Notification No. S.O. 4307 (E) dated 29th November 2019 hereby makes the following further amendments in the EIA Notification 2006 namely -
(i) In paragraph 11 after sub-paragraph (2) the following subparagraph shall be inserted namely -
(3) The successful bidder of the mining leases expiring under the provisions of Sub-Section (5) and (6) of section 8A of the Mines and Minerals Development and Regulation Act 1957 (67 of 1957) and selected through auction as per the procedure provided under that Act and the rules made there under shall be deemed to have acquired valid prior environmental clearance vested with the previous lessee for a period of two years, from the date of commencement of new lease and it shall be lawful for the new lessee to continue mining operations as per the same terms and conditions of environmental clearance granted to the previous lessee on the said lease area for a period of two years from the date of commencement of new lease or till the new lessee obtains a fresh environmental clearance with the terms and conditions mentioned therein, whichever is earlier :
22
Provided that the successful bidder shall apply and obtain prior environmental clearance from the regulatory authority within a period of two years from the date of grant of new lease."
Requirement of preparation of District Survey Report
18. The parent EIA Notification dated 14.09.2006 was issued by the MoEF&CC under Section 3 of the Environment (Protection) Act, 1986 with an endeavour to provide a substantive legal framework and comprehensive procedural mechanism for evaluation, assessment and monitoring of the Environmental Impact on the land, air and water due to various projects undertaken by person in all sectors throughout the territory of India. The EIA Notification dated 14.09.2006, regulated certain activities including mining of minor mineral as laid down in the schedule therein and provided that a prior environmental clearance is mandatory for such regulated and specific projects across all sectors. The notification provided for constitution state level environmental impact assessment authorities, SEIAA manned by professional, experts and technical individuals that shall screen, scope and appraise projects from an environmental prospective and further monitor the same from time to time, in order to achieve much desired goals of sustainable development. The MoEF & CC issued notification dated 15.01.2016 which amended the EIA Notification, 2006 by introducing clause 7 (III) (A) which mandated for the preparation of DSR for sand mining or River Bed Mining and mining of other mineral. Further, MoEF&CC issued the Sustainable Sand Mining Management Guidelines, 2016 with an endeavor to ensure that sand and gravel mining is done in an environmentally sustainable and socially responsible manner, and to further ensure the conservation of river equilibrium and its natural environment by protection and restoration of the ecological system. One of the key and nodal objectives enumerated in the SMMG, 2016 was the preparation of the DSR report that would identify the areas of aggradations/deposition where mining can be allowed, and identification of areas of erosion and proximity to infrastructural structures 23 and installation wherein mining should be prohibited.
19. This Tribunal, in the case titled Anjani Kumar v. State of U.P. 2017 SCC Online NGT 979 vide its Judgment dated 8.12.2017 held that a District Survey Report (DSR) is a pre-requisite and conditional precedent before the grant of any mining leases of sand and bajri. The Relevant portion is extracted below:
"31. From the extracted portion, it could well be understood that to begin with the process prescribed for preparing of survey document mapping the status of the sand sources in a District is an integral but an essential part. The Survey has to be conducted and report be prepared for each District. It must also be noticed that while taking into consideration the fact that rivers cut across districts and States and every river is an ecosystem in itself but keeping in mind the fact that district is a most established unit of administration conduct of survey, planning and monitoring can be ensured effectively, the scheme proposed that every district will prepare this document (District Survey Report) taking river stretch in that district as an ecological and inventorising other sources of sand in the district...
65. Thus there is merit in the contention of the applicant that the District Survey Report is not only an important act but it should be conducted prior to sanctioning of the permission/concession.
71. In other words it is evident that absence of the factual District Survey Report after due inspection grant of mining lease will be in conflict of the environmental laws as sand mining lease could be granted in an area only when aspect of replenishment of miner mineral especially in river sand is clearly established.
96. It is true that under the Mining Policy, Rules the State is 24 empowered to conduct survey for the purpose of inviting bids opine. The preparation of DSR and obtaining of Environmental Clearance is also a condition precedent to carrying on mining activity. It is for the State Government to ensure that there is no conflict between two and they are balanced so as to ensure that neither there is scope for illegal mining nor there should be environmental degradation.
20. State of Madhya Pradesh in its rules named Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rules, 2019 has provided the procedure for procurement of mining leases in State with the statutory permissions in accordance with the environmental rules as contained in Chapter-6 Section 12 which has been quoted above. In addition to above, the MoEF & CC, in supplement and addition to the Sustainable Sand Mining Management Guidelines, 2016 issued the Sustainable Sand Mining Management Guidelines, 2020 giving importance to the DSR and monitoring mechanism. The guidelines issued in 2020 in point no.4.1.1 (A) requires that DSR for sand mining shall be prepared before the auction/e-auction/ grant of the mining lease/ Letter of Intent (LOI) by Mining Department or department dealing in the mining activity in the respective state. The DSR is to be prepared in such a way that it not only identified the mineral bearing area but also define the mining and no mining zones considering various environmental and social factors. The State Government shall issue Letter of Intent as per procedure laid down in there Mine and Mineral Concession Rules with due consideration of final DSR and that all districts have been required to prepare a comprehensive mining plan as per the provisions of District Survey Report and these report shall be put on the website of district administration. No mining shall be allowed in the area which had not been identified in the comprehensive mining plan of the district.
21. The present litigation consists of cases where EC has been accorded without DSR and the quantity allowed in EC is much higher than the quantity given in the NIT. MPSEIAA has responded in its reply that the procedure adopted by 25 mining department for allotment of mining lease by issuing Notice Inviting Tender (NIT) is a preliminary process and is not a concern of SEIAA. Once the mining lease is allotted and mining plan is prepared and approved by the mining department, the EC application is filed before SEIAA for grant of EC. It has further mentioned that as provided in Rule 12 (1)(d) of the Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rules, 2019 the mining plan shall be prepared only on the basis of actual quantity available/estimated and all the mining operations shall be carried out in accordance with the approved mining plan. It has further been provided in Rule 12 (4) of the Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rules, 2019 that the mining shall be permitted upto mineable quantity fixed in the mining plan, environmental clearance, water and air consent (whichever is less). MPSEIAA argues that this rule gives further clarity in the matter as the documents required to be relied upon for determining the permissible quantity are mining plan, EC and Air/Water consent. The tender document is relevant document as per the Rule 12(4) while determining the permissible mineable quantity. The above mentioned provisions also clarify that the approved mining plan is the basis on which further permissions and approvals are given. The procedure adopted prior to the preparation of mining plan is relevant for SEIAA while dealing with the EC applications. Obviously MPSEIAA in defending its stand and is misinterpreting the Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rules, 2019.
22. Hon'ble the Supreme Court of India in State of Bihar and Ors vs. Pawan Kumar and Ors etc (Civil Appeal No. 3661-3662 of 2020) decided on 10th November, 2021 considered the essentiality and prerequisite of DSR and held as follows:
"7. It cannot be in dispute that though the developmental activities are not stalled, the environmental issues are also required to be addressed. A balanced approach of sustainable development ensuring environmental safeguards, needs to be resorted to. At the same time, it also cannot be ignored that when legal mining is banned, it gives rise to mushroom growth of illegal 26 mining, resulting into clashes between sand mafias, criminalization and at times, loss of human lives. It also cannot be disputed that sand is required for construction of public infrastructural projects as well as public and private construction activities. A total ban on legal mining, apart from giving rise to illegal mining, also causes huge loss to the public exchequer.
8. Taking into consideration these aspects of the matter, we propose to issue certain interim directions.
9. The Tribunal, in the case of Satendra Pandey (supra), has found that the notification dated 15th January 2016, which provided Environmental Clearance to be given by the District Environment Impact Assessment Authority (hereinafter referred to as the "DEIAA") was not in consonance with the judgment of this Court in the case of Deepak Kumar v. State of Haryana and Others. The Tribunal therefore in Satendra Pandey (supra), had directed Ministry of Environment, Forest and Climate Change (hereinafter referred to as "MoEF and CC) to take steps to revise the procedure laid down in the notification dated 15th January 2016. It is to be noted that MoEF and CC, in accordance with the directions of the Tribunal, had issued Enforcement and Monitoring Guidelines for Sand Mining (hereinafter to referred to as "the 2020 guidelines") in the month of January 2020. Chapter 4 of the 2020 guidelines deals with identification of possible sand mining sources and preparation of DSR. It will be relevant to refer to Clause 4.1.1 (a), (o) and (p) of the 2020 guidelines:
"4.1 Identification of possible sand mining sources and preparation of District Survey Report (DSR) 4.1.1 Preparation of District Survey Report. District Survey Report for sand mining shall be prepared before the auction/e-auction/ grant of the mining lease/Letter of Intent (Loi) by Mining department or department dealing the mining activity in respective states.
o) Potential site for mining having its impact on the forest, protected area, habitation, bridges etc, shall be avoided. For this, a sub divisional committee may be formed which after the site visit shall decide its suitability for mining. The list of mining lease after the recommendation of the Committee needs to be defined in the following format given in as Annexure II. The Sub Divisional Committee after the site visit shall make a recommendation on the site for its suitability of mining and also records the reason for selecting the mining lease in the Patta land. The details regarding cluster and contiguous cluster needs to be provided as in Annexure III. The details of the transportation need to ~e provided as in Annexure IV.
p) Public consultation- The Comments of the various 27 stakeholders may be sought on the list of mining lease to be auctioned. The State Government shall give an advertisement in the local and national newspaper for seeking comments of the general public on the list of mining' lease included in the DSR. The DSR should be placed in the public domain for at least one month from the date of publication of the advertisement for obtaining comments of the general public. The comments so received shall be placed before the sub divisional committee for active consideration. The final list of sand mining areas [leases to be granted on riverbed & Patta land/Khatedari land, de-siltation location (ponds/lakes/dams), M-Sand Plants (alternate source of sand)] after the public hearing needs to be defined in the final DSR in the format as per Annexure-V. The details regarding cluster and contiguous cluster needs to be provided in Annexure-
VI. The details of the transportation need to be provided in Annexure- VII."
10. It could thus be seen that in accordance with the 2020 guidelines, the DSR is required to be prepared before the auction/e-auction/ grant of mining lease by Mining Department or Department dealing with mining activity in the respective States. It is further provided that the potential site for mining having its impact on the forest, protected area, habitation and bridges should be avoided. For this, a sub divisional committee is required to be formed which, after the site visit, is required to decide regarding the suitability of the sites for mining. The sub divisional committee is further required to record its reasons for selecting the mining lease in the patta land. Various details are required to be given in the annexure appended to the said policy.
11. It is further to be noted that Appendix-X of the notification dated 15th January 2016, issued by MoEF and CC also provides for composition of the sub divisional committee:
"A Sub Divisional Committee comprising of Sub Divisional Magistrate, Officers from Irrigation department, State Pollution Control Board or Committee, Forest department, Geology or mining officer shall visit each site for which environmental clearance has been applied for and make recommendation on suitability of site for mining or prohibition thereof."
12. It is to be noted that with the advent of modern technology, various technological gadgets like Drones and satellite imaging etc. can be used for identification of the potential sites and preparation of the DSR and also to check misuse and 28 unauthorized mining.
13. We further find that when the 2020 guidelines as well as the notification issued by MoEF and CC of 2016 itself provide for constitution of sub divisional committees comprising of the officers of the State Government from various Departments for identification of the potential sites for mining, there would be no necessity of the DSRs being prepared through private consultants as directed by the Tribunal in the impugned order. The sub divisional committee consists of various officers from Revenue Department, Irrigation Department, State Pollution Control Board, Forest Department and Geology Mining Department of the State Government. They are better equipped to visit the sites and prepare the draft DSR for the concerned district. Apart from that, preparation of DSR through private consultants would also unnecessarily burden the public exchequer. We are therefore of the view that the direction in that regard issued by the Tribunal requires to be modified. We are further of the considered view that until the DSRs are finalized and granted approval by SEAC and SEIAA, it is appropriate that certain necessary arrangements are permitted so that the State can continue with legal mining activities. This apart from preventing illegal mining activities, would also ensure that the public exchequer is not deprived of its share in legalized mining.
14. We therefore find it appropriate to substitute the directions issued by the Tribunal vide judgment and order dated 14th October 2020, with the following directions:-
(i) The exercise of preparation of DSR for the purpose of mining in the State of Bihar in all the districts shall be undertaken afresh. The draft DSRs shall be prepared by the sub divisional committees consisting of the Sub-Divisional Magistrate, Officers from Irrigation Department, State Pollution Control Board or Committee, Forest Department, Geological or mining officer. The same shall be prepared by undertaking site visits and also by using modern technology. The said draft DSRs shall be prepared within a period of 6 weeks from the date of this order. After the draft DSRs are prepared, the District Magistrate of the concerned District shall forward the same for examination and evaluation by the SEAC. The same shall be examined by the SEAC within a period of 6 weeks and its report shall be forwarded to the SEIAA within the aforesaid period of 6 weeks from the receipt of it. The SEIAA will thereafter consider the 29 grant of approval to such DSRs within a period of 6 weeks from the receipt thereon;
(ii) Needless to state that while preparing DSRs and the appraisal thereof by SEAC and SEIAA, it should be ensured that a strict adherence to the procedure and parameters laid down in the policy of January 2020 should be followed;
(iii) Until further orders, we permit the State Government to carry on mining activities through Bihar State Mining Corporation for which it may employ the services of the contractors. However, while doing so, the State Government shall ensure that all environmental concerns are taken care of and no damage is caused to the environment."
23. The notification dated 15.01.2016 issued by the MoEF&CC vide no. S.O. 141(E) provides the Methodology adopted for calculation of Mineral Potential as follows :-
"The mineral potential is calculated based on field investigation and geology of the catchment area of the river or streams. As per the site conditions and location, depth of minable mineral is defined. The area for removal of the mineral in a river or stream can be decided depending on geo-morphology and other factors, it can be 50% to 60% of the area of a particular river or stream. For example in some hill states mineral constituents like boulders, river born Bajri, sand up to depth of one meter are considered as resource mineral. Other constituents like clay and sit are excluded as waste while calculating the mineral potential of particular river or stream.
The district survey report shall be prepared for each minor mineral in the district separately and its draft shall be placed in the public domain by keeping its copy in Collectorate and posting it on district's website for twenty one days. The comments received shall be considered and if found fit, shall be incorporated in the final report to be finalized within six months by the DEIAA.30
The district survey report shall form the basis for application for environmental clearance, preparation of reports and appraisal of projects. The report shall be updated once every five years."
24. The contention of the State Counsel is that the notification requires only updatation once every five years, while the argument of learned counsel for the applicant is that the validity of the DSR is only for five years and further study preparation of DSR is required for mining.
25. It is further argued that the study which was prepared as a DSR by the respondent is faulty and not in accordance with the guidelines. The relevant paragraphs of the study DSR is quoted below :-
"Details of river or stream and other sand source of the district The drainage of the district forms parts of the Narmada and the Wainganga river systems. Narmada occupies about a quarter of the area in the north and the Wainganga occupies about three quarters of the area in the south. The main water dividing lines run from west to east.
The Narmada: This is a westward flowing primary river which forms the north-eastern boundary of the district. It rises from Amarkantak hills in the Shahdol district on the Maikal ranges. It flows through Satpura hills in a zigzag manner and forms the boundary between Seoni and Mandla district. The total length of the river is 1290km of which a section about 35 km lies along the district boundary.
The Sher: The Sher river rises at Batka 7 km south-east of Lakhanadon and flows to the north east. It is joined by the Gurha, the Kanera, the Macharewa, the Berurewa and Umar belore it joins the Narmada at Ratikarar in Narsinghpur. Its total length is 113 km.
The Wainganga: The Wainganga is the most important river of the district. It rises from the hill above.
Pratap pur: It forms a semicircular course in the district flowing first to the north, bending east and finally to the south along the south eastern boundary. The river flows on a lower plain along the Seoni-Balaghat 31 boundary.
b. Availability of sand or gravel or aggregate resources of the district -
Seoni district having huge replenisable sand resources owing to the presence of Narmada and the Wainganga river systems covering major part of the district."
26. On the basis of above report the contention of learned counsel for the applicant is that only phrase used by the respondents while preparing the DSR is that "Seoni district having huge replenisable sand resources owing to the presence of Narmada" and there is nothing like data or quantity of mineable sand.
27. Rule 6 of Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rules, 2019 provides :-
"Estimation of available quantity of sand in declared sand quarries and fixation of preliminary base price (upset price)-
6. Estimation of quantity available in declared sand quarries-
1) The Collector, with the help of Corporation, shall make the quarry-
wise estimate of mineable quantity of available sand, in demarcated and declared sand quarries.
2) The multiplication of the Area of declared quarry and its actual depth upto which sand is available (maximum 3 meter or water level whichever is less), shall be the mineable quantity of that sand quarry.
For Example:-
Area of quarry-4.OOO hectare means 4OOO0 square meter Actual depth-2.50 meter Mineable Quantity- 40000 X 2.5 = 1,00,000 cubic meter per year.
3) The Permission to mine, in sand quarries up to 3 meter depth from the surface or upto water level, whichever is less, shall be legal. Hence while estimating quantity maximum up to 3 meters depth shall be the base for estimation of mineable quantity.
4) The sum of quantity of available sand in all the demarcated and declared sand quarries included in the group shall be the total mineable quantity of the group.32
7. Fixation of the preliminary base price (upset price).
1. The multiplication of quantity of available sand in each quarry of the group separately and the amount payable at the rate of Rs. 125 per cubic meter shall be the preliminary base price (upset price) of that quarry.
2. For e-Tender, the sum of preliminary base price calculated separately for the quarries included in group, shall be the preliminary base price (upset price) of that group." and further that Statutory Permissions according to the mining plan shall be obtained from the competent authorities.
28. The contention of the learned counsel for the applicant is that the DSR, which was prepared in the year 2016 has no valid force and the EMGSM-2020 requires that District Survey Report for sand mining shall be prepared before the auction/e-auction/grant of the Mining lease/letter of intent (LoI) by Mining Department or department dealing the mining activity in respective State.
29. The matter of procedure for DSR was considered by Principal Bench of this Tribunal in O.A. No. 360/2015 vide order dated 26.02.2021 and necessary directions and the method of implementation were discussed in the following manner :-
"Procedure for DSR/EC
13. Vide order dated 14.10.2020 in O.A. No. 40/2020, Pawan Kumar v. State of Bihar & Ors., the issue of preparation of District Survey Report (DSR) by Experts was considered. Vide Notification dated 25.07.2018 issued by the MoEF&CC, under Section 3(2)(v) of the EP Act, 1986 amending EIA Notification dated 14.09.2006, procedure for preparation of DSR for sand mining/riverbed mining was laid down. The DSR is crucial as it contains Environment Management plan, including the replenishment study and other safeguards and is the basis to consider the environment impact of mining based on which decision to grant the Environmental Clearance is taken. The Tribunal held that for such crucial exercise, the Experts should be out of those accredited by the National Accreditation Board 33 of Education and Training/ Quality Control Council of India (NABT/QCCI) in terms of O.M. of MoEF&CC dated 16.03.2010. Verification by the District Magistrate and evaluation by the SEAC was also necessary. Accordingly, following directions were issued in relation to a matter arising from the State of Bihar:- "(ii) As the DEIAA is not functioning as a consequence of the decision of the Tribunal in Satendra Pandey (supra), the DSR shall be prepared through a consultant(s) accredited by the National Accreditation Board of Education and Training/ Quality Control Council of India in terms of O.M. of MoEF&CC dated 16.03.2010.
(iii) The DSR so prepared shall be submitted to the District Magistrate who shall verify the DSR only in respect of the relevant facts pertaining to the physical and geographical features of the district which shall be distinct from the scientific findings based on the parameters prescribed in the SSMMG2016. After such verification, the District Magistrate shall forward the DSR for examination and evaluation by the State Expert Appraisal Committee (SEAC) having regarding to the fact that the SEIAA comprises of technical/scientific experts.
The SEAC after appraisal of the report shall forward it to the SEIAA for consideration and approval if it meets all scientific/technical requirements. (iv) While preparing the DSR, the MoEF&CC Accredited Agency/Consultant shall scrupulously follow the procedure and the parameters laid down under the SSMMG-2016 and EMGSM2020 read in sync with each other."
14. Considering the above, vide order dated 04.11.2020 in O.A. No. 726 of 2018, Rupesh Pethe v. State of M.P. & Ors., the Tribunal directed that the above direction ought to be followed pan India, as follows:-
"5. The above direction may be followed by the State of MP also for the sake of uniformity. Further information required to be furnished is about the extent of illegal mining, extent of action taken, including the compensation recovered, vehicles seized and other coercive measures and impact of such action. The State of M.P. may compile relevant directions on the subject including the binding order of any Courts or Tribunal.34
This exercise may be undertaken jointly by the Secretary Geology and Mining, Member Secretary State PCB and Member Secretary SEIAA. In light of above, the State may further revise its policy and exercise. Let further compliance status be furnished before the next date by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
6. We are of the view that the above directions need to be followed by all other States where the issue of mining is relevant.
7. A copy of this order be forwarded to the Chief Secretaries of all the States and UTs by e-mail for compliance."
30. Learned Counsel for the State has taken help of provisions contained in Madhya Pradesh Sand Mining Transportation, Storage and Trading Rules, 2019, the relevant provisions are quoted below:-
"3. Restrictions.-
The following restrictions shall be applied with regard to mineral sand,-
a. No vehicle shall cause to be transported the mineral sand from the sanctioned quarry or storage place without prescribed transit pass.
b. No vehicle shall cause to be transported without substantial entry in Transit Pass (as quantity of mineral, date/time of transport, time to be taken to reach to destination place, etc.).
c. No person, except the valid contractor, shall be permitted to store mineral sand for commercial purpose or for use in commercial construction, quantity more than the quantity specified in these rules.
d. The vehicles engaged in sand transportation without GPS or establishing of machine of equivalent technique as prescribed, shall be prohibited after the date of notification by the State Government.
e. Extraction and removal of sand from the following area shall be prohibited as provided in sustainable sand mining guidelines, 2016 issued by Government of India,-
i.within 200 meters from any bridge;
ii.within 200 meter upstream and downstream areas of any water supply scheme or water resources scheme;
iii.within 100 meter from edge of national highway and 35 Railway line;
iv. within 50 meter from any canal, reservoir or building; v.within 50 meter from edge of state highway and 10 meters from edge of other village road;
vi.within fixed distance from any areas which has been built to control the flood;
vii.within 200 meter distance from the place of cultural, religious, historical, and archaeological importance or within the distance as provided in the Act/Rule; viii.such areas which have been declared prohibited by Collector due to environmental or other reasons:
Provided that, on receipt of representation, permission to grant for mining within the limit of prohibited area may be considered, after getting NOC/Consent from the concerned administrative department.
ix.There shall be complete ban on mining, loading and storage of sand by machines from the sanctioned quarries in river Narmada. Sand mining, loading and storage from quarries having area up to 5.00 hectare situated on other rivers shall be done by the committee of local labourers and quarries having area more than 5.000 hectare, local labourers shall be given priority for sand mining, loading and storage. The use of machines for sand mining in other rivers may be given depending upon the requirement and approval in mining plan and environmental clearance.
5. (1) Demarcation of sand quarries The Collector, shall identify new sand bearing areas in rivers or on other places of the State. D.G.P.S. survey shall be carried out and its location on revenue map alongwith Latitude and Longitudes shall be marked:
Provided that the sand quarries demarcated and declared prior to the commencement of these rules, may be amended by following the same procedure as required.
(2) Declaration of sand quarries The sand quarry identified as per sub-rule (1) above shall be declared by the Collector, after making such inquiry as he deems fit, on receipt of information/application/proposal. Prior to declaring sand quarry, opinion from the concerned Gram Panchayat/Urban Body shall be obtained and for this purpose a formal order shall be issued:
Provided, if no opinion/advise of the concerned Gram Panchayat/Urban Body is received within a period of 15 days, the Collector, by presuming that there is no objection, shall declare new sand quarries in non- scheduled areas only:
Provided further that, if any objection is received from concerned Gram Panchayat/Urban Body within stipulated period, the Collector by disposing off the objections on merit shall take appropriate decision regarding declaration 36 of quarry: Provided further that, prior to declaration of sand quarry consent/no objection of Gram Sabha shall be mandatory in scheduled areas: Provided also that, the declaration of such sand bearing areas shall not be necessary separately which are operational or have been auctioned earlier.
(3) Making of group of the sand quarry.-
(a) The Collector shall make the group of sand quarries and send proposal to the Director along with details of area, boundary, revenue map, Khasra-Panchsala, Latitude- Longitude for each quarry included in group.
(b) The group shall be constituted on the basis of geographical location and revenue boundary (Tehsil, District) as for as possible.
(c) While making the group, total area of sand quarries included in the group and approximate available quantity of sand shall be taken into consideration.
(d) The proposal of constituted group sent by the Collector shall be finalised by Director.
12. Statutory Permissions The statutory permissions/formalities for each sand quarry of the group may be obtained/completed, as per rule. All the statutory permissions (e.g. Mining Plan, Environmental Clearance, Water and Air Consent etc.) required for the operation of the sand quarry shall be obtained by the successful tenderer. The successful tenderer may start mining operation only after obtaining the statutory permissions as per rule 14. Excavation without statutory permission or excavation in excess quantity than permitted quantity in statutory permission, in such condition 100% cost of the excavated mineral and amount of compensation towards environmental damage shall be recoverable from the contractor. The statutory permission are as follows:-
(1) Mining Plan-
(a) The successful tenderer shall submit mining plan for approval to the Collector within a period of one month from the date of issuance of letter of intent. The Mining Plan shall be prepared by the Recognised Qualified Person (R.Q.P.), authorised by the Director.
(b) The mining plan shall consist of the location (latitudelongitude) of the mines, quantity of mineable sand available in the sand quarry and other issues, as provided for in Madhya Pradesh Minor Mineral Rules 1996.
(c) The Collector shall approve the mining plan on the basis of recommendations of the technically qualified officer (Post Graduate Degree Holder in Geology/Applied Geology) of the department posted in the district and in case if in any district technically qualified officer is not posted, in such case concerned Regional head or Director shall approve the mining plans.37
(d) The mining plan shall be prepared only on the basis of actual quantity available/estimated and all the Mining operations shall be carried-out in accordance with the approved mining plan.
(2) Environmental Clearance- The successful tenderer after getting approved mining plan, within a maximum period of 15 days, shall submit application before the competent authority to obtain Environmental Clearance in accordance with notification issued by Ministry of Environment, Forest and Climate Changes.
(3) Water and Air Consent- The successful tenderer after getting environmental clearance within a maximum period of 7 days, shall submit application before the competent authority for obtaining the consent under the Water (Prevention of pollution and control) Act, 1974 and the Air (Prevention of Pollution and Control) Act 1981.
(4) Permissible Quantity-The mining shall be permitted up to mineable quantity fixed in mining plan, environmental clearance, water and air consent (whichever is less).
(5) The annual contract amount shall not be reduced in any case if there is reduction in mineable quantity in approved mining plan, environmental clearance, water and air Consent.
(6) All the above statuary permissions shall be obtained within a time limit. The corporation shall supervise for the permissions being taken for each group by the group contractor. In case of any delay, carelessness or lack of interest proceedings for cancellation of letter of intent may be initiated.
14. Commencement of the Mining Operations.--
(1) The successful tenderer, after execution of agreement and registration but prior to commencement of the mining operation, shall inform to the Collector about such intention. After Commencement of the mining operation the objection regarding available quantity of mineral in quarry, approach road and other related issues shall not be acceptable. (2) On the condition of depositing the contract amount of the group on the prescribed date as mentioned in the agreement, the mining operation of the quarry may be started as and when the statutory permission is received. It shall not be compulsory to obtain statutory permission for all the quarries of the group simultaneously.
26. Provisions for transition period.--
(1) After commencement of these rules, there may be delay in complete execution of these rules, and due to nonoperation of sand quarries, deficiency in supply of sand may result, hence these provisions are being made. Some of the sand quarries which were auctioned previously and are in operation, the period of those quarries is up to March 2022. Besides this, some quarries which have been handed over/allotted to Gram Panchayat under provision of Madhya Pradesh Sand Rules 2018 are also in operation at present, the contractors of the group shall start 38 immediately proceedings of transfer of permissions under environmental rules of such quarries.
(2) Other sand quarries transferred to panchayat in which operations have been started after the completion of formalities, all such quarries may remain date of start of operation be operated by Panchayat/Urban Bodies till 31st March 2020 or by the new group contractor from after execution of agreement, whichever is earlier.
(3) From the date of commencement of these rules, the contractors of the auction quarries, may surrender the quarries. Surrender of such sand quarries shall be accepted, giving exemption in condition of agreement and security amount shall be refunded as per eligibility. (4) Such quarries which have been surrendered or the period has been expired, shall be deemed to be included in the group which have been identified at the time of inviting tender. The contractor of the group shall complete all the statutory formalities for operation of such included quarries. In respect of this new quarry included additionally in the group, the amount of royalty as calculated per cubic meter shall be paid on the basis of the highest tender amount received for that group. The period of new quarry included shall be up to the period of expiry of contract.
(5) If during the period of operation of contract, any proposal for new quarry is received to the Collector, the Collector after such enquiry, as deems fit may include quarry in the nearest suitable group. The period of new quarry shall be the period of expiry of contract. The contractor of the group for despatch of sand from such new quarry shall deposit the amount on the basis of the highest tender amount received at the rate of per cubic meter for that group. Maximum of 25% of total permitted quantity for the group contract shall be allowed to be added in case of new quarry.
(6) The group or" quarries of the group remained vacant temporarily under the provisions of this rule or due to other reasons may, in public interest, be operated by the department or by the corporation for ensuring availability of sand."
31. The process of NIT (Notice Inviting Tender) has already been discussed in Prabhat Mohan Pandey case (Supra) regarding estimation of the permissible quantity of the mining for giving level playing field to all the bidders as held in Manohar Lal Sharma Vs. Principal Secretary (SC) 2014 SCC 3470 and the guidelines issued in the above noted case should be complied with by the authorities concerned.
39
32. The perusal of the reply submitted by the respondent clearly reveals that the DSR as on today is not final and is still under processing.
33. On the basis of above the State Mining Department vide order dated 04.05.2021 (vide letter no. 6257) has cancelled the sand mining contract of District-Seoni and further E-auction was initiated.
34. The contention of the learned counsel for the applicant is that on 03.03.2022 the State Government directed Collectors of each District to prepare the DSR as per guidelines. Thereafter, on 04.04.2022 Collector of Seoni District constituted a committee to recommend and to prepare the DSR for Seoni District, which will be thereafter forwarded to the SEAC which will then put up in the said draft DSR Report of SEIAA alongwith the record of public hearing and objections and then only it can attain a finality, if approved by the SEIAA as per EIA Notifications and Sand Mining Guidelines. In the present case the draft DSR has been uploaded on the District Portal. Unless and until it is approved by the Competent Authority/SEIA, it cannot be treated as a final. Therefore, initiation of auction process, without any approved or updated DSR in the District of Seoni is at present without any credible study with regard to annual replenishment study and still is not final.
35. The Replenishment study should have been carried out taking the actual measurement of length, breadth, and depth of the sand mine area before the monsoon period and after the monsoon period in four different months to ascertain actual sedimentation rate. Clearly the basic scientific principles have been violated and the Sustainable Sand Mining Guidelines themselves have not been adhered to, thereby making the entire process a mere formality with a huge potential of adverse impact on the environment. Replenishment study, as required under the SSMG- 2016 and EMGSM-2020 has not been undertaken for conducting surveys for preparation of Draft DSR in terms of para 5.1 of the EMGSM, 2020. for collection of data.
36. That during the pendency of the present OA, considering the difficulty with the present impugned Tender floated on 07.05.2022, it was cancelled vide Order dated 28.07.2022 and on 01.08.2022 and another tender notice has been 40 floated, which is parametria same as of tender dt. 07.05.2022. The tender Notice dt. 07.05.2022 and 01.08.2022 is parametria same and in violation of the Orders of this Tribunal along with Sand Mining Guidelines.
37. Details of Sand Mines of Seoni District including all Mines Scheduled to be Auctioned and included in the Draft DSR are as under:
Sr. Name Of Excavatable Excavatable Excavatable Excavatable Quantity as No. Mines quantity as quantity as Quantity as Quantity as given under per Tender per Tender per Draft DSR- per old DSR EC on the Notice dt. Notice dt. 2022 (A-XIV updated on strength of 07.05.2022 01.08.2022 internal Page 11.07.2017 Old No. 66) DSR valid till uploaded till 2025-26 19.07.2022 [in Cubic Mts.] Page. No. 499 OA Page No. Rejoinder Reply Affidavit Page No. Reply of OA 499 Page No Pg. No. 10 151- Affidavit 168 of OA Pg. 9, 11-46 1 Mandi -Kekdai 25000 NO EC granted on Replenishmen 19.06.2020 t (24985 Study Cum/annum) 2 Gorakhpur 25000 Conducted for EC granted on Attri any mines 03.09.2020 (25000 cum/annum) 3 Chimnakhari- No No separate/ 10000 EC granted on Takhlakhurd separate/ individual 19.06.2020 individual quantity (9900 quantity mentioned Cum/annum) 4 Khami- mentioned 10000 EC granted on Dhapara- Atri 03.09.2020 4,00,000/- (9900 4,00,000/- Cubic Meter Cum/annum) 5 Khairghat Cubic Meter 10976 EC granted on 19.06.2020 (10830 Cum/annum) 6 Jogiwara 50000 Not Known Gawari 7 Belpeth 30000 EC granted on 19.06.2020 (29450 Cum/annum) 8 Khandasa 40000 EC granted on 25.03.2021 (35150 cum/annum) 9 Bagdongri- 50000 EC granted on Devganv 19.06.2020 (Not Supplied) 10 Nasipur 60000 Not Known 11 Sakri- 100000 Not Known Khursipar-
Arandiya
38. Learned counsel appearing for the applicant has submitted that it is in the draft stage which has to be finalised by the competent authority.
39. Learned counsel appearing for the respondent Shri Sachin K. Verma has filed written submission in the form of written argument with the facts that the NIT 41 floated on 07.05.2022 was found defective and the district mining branch has taken a conscious decision and same has been cancelled.
40. Shri Sachin K. Verma learned counsel has fairly admitted that as on today the DSR is not complete and have not been finalised by the competent authority. On the ground as above, the tender floated on the basis of no DSR i.e. notice dated 07.05.2022 is in violation of environmental rules and deserves to be rejected and subsequent tender floated within a week (i.e. 01.08.2022) also have no leg for want of valid DSR.
41. This application may be replied in one line that in absence of DSR, the tender notice dated 07.05.2022 and subsequent tender notice dated 01.08.2022 is without any substance and in absence of any DSR and are in violation of environmental norms and EMGSM-2020 and deserves to be quashed.
42. In view of the above facts the tender notice dated 07.05.2022 and 01.08.2022 and proceedings thereof are quashed. The authorities/respondents are directed to take steps afresh in accordance with guidelines issued by the MoEF&CC, SSMG- 2016 and EMGSM-2020.
43. We further direct that the direction issued, in Prabhat Mohan Pandey Vs. MPSEIAA & Ors. case must be strictly complied with, in letter and spirit.
44. Original Application No.41/2022 stands disposed of, accordingly.
Sheo Kumar Singh, JM Dr. Arun Kumar Verma, EM 13th September, 2022 O.A. No. 41/2022(CZ) PN 42